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  • Mr Justice Kitchin and Lord Justice Jacob were clear that HGS’s patent for the Neutrokine-a protein was invalid for lacking industrial application. But five Supreme Court judges today disagreed. Why?
  • The Norwegian Court of Appeal has decided that Trumf's Oliver chair infringes Stokke's copyright to the Tripp Trapp chair, and that use of the slogan "This great children's chair will grow with the child" infringes Stokke's use of established rights to the slogan "The chair that grows with the child".
  • A High Court decision in July this year ruled that a cafe chain's use of the name Nutello for a coffee beverage violated the Nutella trade mark.
  • The US register of copyrights has asked lawmakers to consider whether the mass digitisation of books requires them to change the law on copyright, or whether the challenges it poses should be met by businesses
  • The Mexican Law of Industrial Property establishes in section IV of article 90, an absolute ground for refusal based on the descriptiveness of the mark. This prohibits registration of descriptive names, figures and three-dimensional forms. However, it also provides that all the elements of the mark should be "considered as a whole".
  • Apple recently requested a preliminary injunction on termination of infringing acts regarding several patents in and outside the Netherlands. In particular, Apple sued for infringement on the basis of the Galaxy Tab, the Galaxy Tab 10.1v and the Galaxy Tab 10.1 from Samsung. Similar claims have been put forward regarding smartphones.
  • The Trade Marks (International Treaties and Enforcement) Amendment Act 2011 was passed in September 2011. The Act allows New Zealand to join the Madrid Protocol.
  • The owner of a supplemental protection certificate (SPC) with duration until August 27 2011, based on the Swiss part of a European patent, suspected a manufacturer of a generic (with a marketing authorisation by Swissmedic as early as March 2010) of planning a market introduction before the expiration of the SPC. Despite enquiries by the owner of the SPC no clear information was given by the manufacturer that they would respect it. The SPC owner then requested a preliminary injunction with the Court of Commerce of Zurich.
  • The Intellectual Property Office of the Philippines (IPOPHL) will launch the first Philippine Anti-Counterfeiting and Piracy Summit during the IPR week from October 24-28 2011. The summit, which will be attended by heads and key enforcement officers of the National Committee on Intellectual Property Rights (NCIPR), brand owners, practitioners and officers relevant government agencies, aims to highlight the convergence of the efforts of both the government and the private sector to combat counterfeiting and piracy, and increase public awareness of the importance of IP rights and the deleterious effects of counterfeiting.
  • The patent prosecution highway (PPH) pilot programme between the Taiwan Intellectual Property Office (TIPO) and the USPTO became effective on September 21 2011 and will last for a trial period of one year. Under this programme, applicants may obtain corresponding patents faster and more efficiently.
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